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DECREE No

DECREE No.75-CP OF NOVEMBER 1ST, 1995 OF THE GOVERNMENT ON THE FUNCTIONS, TASKS, POWERS AND ORGANIZATIONAL STRUCTURE OF THE MINISTRY OF PLANNING AND INVESTMENT

THE GOVERNMENT

Pursuant to the Law on Organization of the Government of September 30, 1992;

Pursuant to the Resolution of the IXth National Assembly passed at its 8th Session on October 21st, 1995;

At the proposals of the Minister of Planning and Investment and the Minister-Chairman of the Government Commission on Organization and Personnel,

DECREES:

Article 1.- The Ministry of Planning and Investment is a Government agency functioning as a general staff for the elaboration of strategies, programs and plans for socio-economic development of the whole country; the economic management mechanism and policies; the State management in the field of investment inside and outside the country; assisting the Government in its coordination and management activities to achieve the targets and major balances of the national economy.

Article 2.- The Ministry of Planning and Investment shall perform the tasks, powers and State management responsibilities of the Ministries and ministerial-level Agencies as stipulated in Chapter IV of the Law on Organization of the Government and in Decree No.15-CP of March 2nd, 1993 of the Government. It has the following main tasks and powers:

1. Organizing research and building strategies and masterplans for socio-economic development of the whole country and programs for socio-economic development of each branch and territorial area. Defining orientations and structure to call for foreign investment into Vietnam; ensuring the balance between investment inside and outside the country for submission to the Government for decision.

2. Submitting to the Government draft laws, ordinances and other legal documents concerning the mechanism and policies on economic management, the promotion of domestic and foreign investment with a view to building an economic structure suitable for the strategies and plans for the socio-economic stabilization and development .

Conducting research and working out regulations and planning methods, providing guidance for foreign and Vietnamese parties in their investment into Vietnam and from Vietnam into foreign countries.

3. Mobilizing different resources of the country, including the resources from foreign countries, to elaborate and then submit to the Government the long-term, medium-term and short-term plans for socio-economic development of the whole country as well as the major balances of the national economy: balances between accumulation and consumption, finance and money, essential goods and materials of the economy, import and export, investment for capital construction. Coordinating with the Ministry of Finance in planning the State budget revenues and expenditures of the various ministries, branches and localities for submission to the Government.

4. Providing guidance for the ministries, the agencies at ministerial level, the agencies attached to the Government and the People's Committees of the provinces and cities directly under the Central Government in drawing up and balancing plans, including the plans to attract foreign investment capital, in conformity with the socio-economic development strategy of the whole country as well as the strategies of all the economic branches and territorial areas, which have already been approved.

5. Guiding and inspecting the ministries, the agencies at ministerial level, the agencies attached to the Government and the People's Committees of the cities and provinces directly under the Central Government in the implementation of the programs and plans for socio-economic development; the State programs and policies on the foreign direct investment into Vietnam and Vietnamese investment into foreign countries.

Regulating and coordinating the implementation of the major balances of the national economy; taking responsibility for managing the implementation of plans in some fields assigned by the Government; acting as coordinator between the agencies concerned in dealing with important issues in the foreign direct investment and other issues arising in the course of the implementation of the investment projects.

6. Acting as Chairman of the State Councils for: the evaluation and approval of economic and technical norms, for the consideration of national biddings, for the evaluation of the establishment of State enterprises; as standing member of the Council for the Evaluation of Investment Projects Inside and Outside the Country; as coordinator in the allocation and management of ODA sources and the management of business registration; granting investment licenses for cooperation and joint venture projects of foreign parties in Vietnam and of Vietnamese parties into foreign countries. Effecting the State management function over investment consultancy service organizations.

7. Submitting to the Prime Minister for decision the plan on the use of the State reserve fund.

8. Making forecasts, gathering and processing information on socio-economic development at home and abroad in service of the elaboration and implementation of the plans.

9. Organizing professional re-training and fostering for its officials and employees.

10. Carrying out international cooperation in the field of development strategy, economic policies, socio-economic development programs and plans, supporting the investment development and cooperation programs.

Article 3.- The organizational structure of the Ministry of Planning and Investment is composed of:

a/ Units to assist the Minister in performing the State management function:

1. The Department of Foreign Investment Legislation.

2. The Department for Management of Foreign Investment Projects.

3. The Department for Management of Export Processing Zones and Industrial Parks.

4. The Department of Foreign Investment.

5. The Department of National Economic Affairs.

6. The Department of External Economic Affairs.

7. The Department of Local and Territorial Economies.

8. The Department of Enterprises.

9. The Department of Finance and Monetary Matters.

10. The Department of Agriculture and Rural Development.

11. The Department of Industry.

12. The Department of Commercial Services.

13. The Department of Infrastructure.

14. The Department of Labor, Cultural and Social Affairs.

15. The Department of Science, Education and Environment.

16. The Department for Relations with Laos and Cambodia.

17. The Department for Defense and Security Matters.

18. The Department of Organization and Personnel.

19. The Bureau for Evaluation of Investment Projects.

20. The Bureau for Consideration of National Biddings.

21. The Office of the Ministry.

22. The Southern Representative Office.

b/ Non-business units under the Ministry:

1. The Institute for Central Economic Management.

2. The Institute of Development Strategies.

3. The Center for Researches on Southern Economy

4. The Information Center (including the Economy and Forecast Magazine).

5. The School of Planning.

6. The Vietnam Investment Review.

The tasks, organizational structures and staffs of the above-mentioned units shall be decided by the Minister of Planning and Investment in accordance with the overall payroll stipulated by the Government.

The Minister of Planning and Investment together with the Minister-Chairman of the Government Commission on Organization and Personnel shall provide guidance on the functions, tasks and organizational structures of the Planning and Investment Services of the provinces and cities directly under the Central Government.

Article 4.- This Decree takes effect from the date of its promulgation.

The earlier stipulations that are contrary to this Decree are now annulled.

Article 5.- The Minister of Planning and Investment, the other Ministers, the Heads of the ministerial-level agencies, the Heads of the agencies attached to the Government and the Presidents of the People's Committees of the provinces and cities directly under the Central Government shall have to implement this Decree.

On behalf of the Government

The Prime Minister

VO VAN KIET